Legal Definitions - statutory forced share

A statutory forced share, also commonly known as an elective share, is a legal right that a surviving spouse has to claim a specific portion of their deceased spouse's estate, regardless of what the deceased spouse's will states. This right is established by state law (statute) and is designed to prevent a surviving spouse from being completely disinherited or left with an inadequate inheritance.

If a will attempts to leave the surviving spouse less than this statutory amount, the spouse can "elect" to take the forced share instead of what the will provides. The exact percentage of the estate that constitutes a forced share varies by state law and can sometimes depend on factors like the length of the marriage.

• Example 1: Intentional Disinheritance

  Scenario: Mark and Susan were married for 25 years. Mark had a strained relationship with Susan's adult children from a previous marriage. In his will, Mark explicitly stated that he was leaving his entire estate to his favorite charity and nothing to Susan.

  Illustration: In this situation, Susan could invoke her right to a statutory forced share. Even though Mark's will disinherited her, state law would allow her to claim a predetermined percentage (e.g., one-third or one-half, depending on the state) of Mark's estate. She would "elect" to take this share, overriding the terms of the will to ensure she receives a legally mandated portion of his assets.

• Example 2: Inadequate Inheritance

  Scenario: David and Emily were married for 15 years. David's will, drafted many years before their marriage, left his entire estate to his sister. After their marriage, David updated his will to leave Emily a small cash gift of $25,000, while his estate was worth $1.5 million.

  Illustration: Here, Emily was not completely disinherited, but the $25,000 gift is significantly less than what a statutory forced share would typically provide from a $1.5 million estate. Emily could choose to "elect" against the will, meaning she would decline the $25,000 gift and instead claim her statutory forced share (e.g., $500,000 if the share is one-third), ensuring she receives a more substantial and legally protected portion of David's wealth.

• Example 3: Blended Family and Complex Assets

  Scenario: Robert and Lisa were married for 10 years, both having adult children from previous marriages. Robert owned a successful business and several properties. In his will, Robert left his entire estate, valued at several million dollars, to his own children, believing Lisa had sufficient assets of her own and wanted to ensure his legacy went to his biological heirs.

  Illustration: Despite Robert's intentions and Lisa's personal assets, state law provides Lisa with the right to a statutory forced share. If she feels that being left out of Robert's will is unfair or leaves her in a financially precarious position, she can choose to claim her forced share. This legal mechanism allows her to receive a portion of Robert's business and property assets, even if his will specifically directed them elsewhere, ensuring spousal protection regardless of the complexity of family structures or asset distribution plans.